U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

49–011 2006

109th Congress, 2d Session – – – – – – – – – – – – – House Document 109–88 

DECLARATION OF A NATIONAL EMERGENCY WITH 

RESPECT TO COˆ TE D’IVOIRE 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

A DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO 

BLOCKING THE PROPERTY OF CERTAIN PERSONS CONTRIBUTING TO THE CONFLICT IN COˆ TE D’IVOIRE, PURSUANT TO 50 

U.S.C. 1703(b) 

FEBRUARY 14, 2006.—Message and accompanying papers referred to the 

Committee on International Relations and ordered to be printed 


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To the Congress of the United States: 

Consistent with subsection 204(b) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(b) (IEEPA), and section 301 of the National Emergencies Act, 50 U.S.C. 1631 (NEA), 

I hereby report that I have issued an Executive Order (the ‘‘order’’) 

blocking the property of certain persons contributing to the conflict 

in Coˆte d’Ivoire. In that order, I declared a national emergency to 

deal with the unusual and extraordinary threat to the national security and foreign policy of the United States posed by that conflict, 

as described below. 

The United Nations Security Council, in Resolution 1572 of November 15, 2004, expressed deep concern over the resumption of 

hostilities in Coˆte d’Ivoire, the public incitement of hatred and violence, and the repeated violations of the ceasefire agreement of 

May 3, 2003. United Nations Security Council Resolution (UNSCR) 

1572 determined that the situation in Coˆte d’Ivoire poses a threat 

to international peace and security in the region and called on 

member States to take certain measures against persons responsible for the continuing conflict. The United Nations Security Council has continued to express serious concern at the persistence of 

the crisis in Coˆte d’Ivoire and of obstacles to the peace and national 

reconciliation process from all sides in UNSCRs 1643 of December 

15, 2005, and 1652 of January 24, 2006. 

Despite the intervention and efforts of the international community, there have been massacres of large numbers of civilians, widespread human rights abuses, significant political violence and unrest, and attacks against international peacekeeping forces in Coˆte 

d’Ivoire. Such activity includes the killing of large numbers of civilians in Korhogo in June 2004, and in Abidjan in March 2004; significant violence and unrest, including public incitements to violence, in Abidjan in November 2004; human rights violations, including extrajudicial killings, in western Coˆte d’Ivoire in April and 

June 2005; attacks on a police station and prison in July 2005 in 

Anyama and Agboville, and violent protests in Abidjan and attacks 

on U.N. and international nongovernmental organization facilities 

in western Coˆte d’Ivoire in January 2006. Also, notwithstanding 

the Linas-Marcoussis Agreement signed by the Ivorian political 

forces on January 24, 2003, the related ceasefire agreement of May 

3, 2003, the Accra III Agreement of July 30, 2004, the Pretoria 

Agreement of April 6, 2005, and the Declaration on the Implementation of the Pretoria Agreement of June 29, 2005, consolidating 

the implementation of the Linas-Marcoussis peace and national 

reconciliation process, Ivorian parties have continued to engage in 

military operations and attacks against peacekeeping forces in Coˆte 

d’Ivoire leading to fatalities. 

Pursuant to the IEEPA and the NEA, I have determined that 

these actions and circumstances constitute an unusual and extraorVerDate Aug 31 2005 07:29 Feb 15, 2006 Jkt 049011 PO 00000 Frm 00003 Fmt 6633 Sfmt 6633 E:\HR\OC\HD088.XXX HD088

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dinary threat to the national security and foreign policy of the 

United States and declared a national emergency to deal with that 

threat and have issued an Executive Order to deal with the threat 

to U.S. national security and foreign policy posed by the situation 

in or in relation to Coˆte d’Ivoire. 

The order blocks the property and interests in property in the 

United States, or in the possession or control of United States persons, of the persons listed in the Annex to the order, as well as of 

any person determined by the Secretary of the Treasury, after consultation with the Secretary of State, 

• to constitute a threat to the peace and national reconciliation process in Coˆte d’Ivoire, such as by blocking the implementation of the Linas-Marcoussis, Accra III, and Pretoria 

Agreements; 

• to be responsible for serious violations of international law 

in Coˆte d’Ivoire; 

• to have directly or indirectly supplied, sold or transferred 

to Coˆte d’Ivoire arms or any related materiel or any assistance, 

advice, or training related to military activities; or 

• to have publicly incited violence and hatred contributing to 

the conflict in Coˆte d’Ivoire. 

The designation criteria will be applied in accordance with applicable domestic law, including where appropriate, the First Amendment to the United States Constitution. 

The order also authorizes the Secretary of the Treasury, after 

consultation with the Secretary of State, to designate for blocking 

any person determined to have materially assisted, sponsored, or 

provided financial, material, or technological support for, or goods 

or services in support of, the activities listed above or any person 

listed in or designated pursuant to the order. I further authorized 

the Secretary of the Treasury, after consultation with the Secretary 

of State, to designate for blocking any person determined to be 

owned or controlled by, or acting or purporting to act for or on behalf of, directly or indirectly, any person listed in or designated 

pursuant to the order. The Secretary of the Treasury, after consultation with the Secretary of State, is also authorized to remove 

any persons from the Annex to the order as circumstances warrant. 

I delegated to the Secretary of the Treasury, after consultation 

with the Secretary of State, the authority to take such actions, including the promulgation of rules and regulations, and to employ 

all powers granted to the President by the IEEPA and the United 

Nations Participation Act, as may be necessary to carry out the 

purposes of the order. All executive agencies are directed to take 

all appropriate measures within their authority to carry out the 

provisions of the order. 

The order, a copy of which is enclosed, became effective at 12:01 

a.m. eastern standard time on February 8, 2006. 

GEORGE W. BUSH. 

THE WHITE HOUSE, February 8, 2006. 


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EXECUTIVE ORDER

BLOCKING PROPERTY OF CERTAIN PERSONS CONTRIBUTING TO THE

CONFLICT IN COˆ TE D’IVOIRE

By the authority vested in me as President by the Constitution 

and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) 

(IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) 

(NEA), section 5 of the United Nations Participation Act, as 

amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3, 

United States Code, and to assist in addressing humanitarian, 

safety, and other concerns in or in relation to the country of Coˆte 

d’Ivoire, 

I, GEORGE W. BUSH, President of the United States of America, determine that the situation in or in relation to Coˆte d’Ivoire, 

which has been addressed by the United Nations Security Council 

in Resolution 1572 of November 15, 2004, and subsequent resolutions, that has resulted in the massacre of large numbers of civilians, widespread human rights abuses, significant political violence 

and unrest, and attacks against international peacekeeping forces 

leading to fatalities, constitutes an unusual and extraordinary 

threat to the national security and foreign policy of the United 

States and hereby declare a national emergency to deal with that 

threat, and hereby order: Section 1. (a) Except to the extent that section 203(b)(1), (3), and 

(4) of the IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)) may apply, or 

to the extent provided in regulations, orders, directives, or licenses 

that may be issued pursuant to this order, and notwithstanding 

any contract entered into or any license or permit granted prior to 

the effective date of this order, all property and interests in property that are in the United States, that hereafter come within the 

United States, or that are or hereafter come within the possession 

or control of any United States person, including any overseas 

branch, of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: (i) the persons listed in the Annex to this order; and 

(ii) any person determined by the Secretary of the Treasury, 

after consultation with the Secretary of State: (A) to constitute a threat to the peace and national reconciliation process in Coˆte d’Ivoire, such as by blocking the 

implementation of the Linas-Marcoussis Agreement of January 24, 2003, the Accra III Agreement of July 30, 2004, 

and the Pretoria Agreement of April 6, 2005; 

(B) to be responsible for serious violations of international law in Coˆte d’Ivoire; 

(C) to have directly or indirectly supplied, sold, or transferred to Coˆte d’Ivoire arms or any related materiel or any 

assistance, advice, or training related to military activities; 


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(D) to have publicly incited violence and hatred contributing to the conflict in Coˆte d’Ivoire; 

(E) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or 

services in support of, the activities described in paragraphs (a)(ii)(A), (a)(ii)(B), (a)(ii)(C), or (a)(ii)(D) of this section or any person listed in or designated pursuant to this 

order; or 

(F) to be owned or controlled by, or acting or purporting 

to act for or on behalf of, directly or indirectly, any person 

listed in or designated pursuant to this order. 

(b) I hereby determine that, to the extent section 203(b)(2) of the 

IEEPA (50 U.S.C. 1702(b)(2)) may apply, the making of donations 

of the type of articles specified in such section by, to, or for the benefit of, any person listed in or designated pursuant to this order 

would seriously impair my ability to deal with the national emergency declared in this order, and I hereby prohibit such donations 

as provided by paragraph (a) of this section. 

(c) The prohibitions in paragraph (a) of this section include, but 

are not limited to, (i) the making of any contribution or provision 

of funds, goods, or services by, to, or for the benefit of, any person 

listed in or designated pursuant to this order, and (ii) the receipt 

of any contribution or provision of funds, goods, or services from 

any such person. 

Sec. 2 (a) Any transaction by a United States person or within 

the United States that evades or avoids, has the purpose of evading 

or avoiding, or attempts to violate any of the prohibitions set forth 

in this order is prohibited. 

(b) Any conspiracy formed to violate any of the prohibitions set 

forth in this order is prohibited. 

Sec. 3. For purposes of this order: the term ‘‘entity’’ means a 

partnership, association, trust, joint venture, corporation, group, 

subgroup, or other organization; 

(b) the term ‘‘person’’ means an individual or entity; 

(c) the term ‘‘United States person’’ means any United States citizen, permanent resident alien, entity organized under the laws of 

the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States; and 

(d) the term ‘‘arms or any related materiel’’ means arms or related materiel of all types, including military aircraft and equipment, but excludes: 

(i) supplies and technical assistance intended solely for the 

support of or use by the United Nations Operation in Coˆte 

d’Ivoire and forces of France who support them; 

(ii) supplies of non-lethal military equipment intended solely 

for humanitarian or protective use, and related technical assistance and training; 

(iii) supplies of protective clothing, including flak jackets and 

military helmets, temporarily exported to Coˆte d’Ivoire by 

United Nations personnel, representatives of the media, and 

humanitarian and development workers and associated personnel, for their personal use only; 

(iv) supplies temporarily exported to Coˆte d’Ivoire to the 

forces of a country that is taking action solely and directly to 


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facilitate the evacuation of its nationals and those for whom it 

has consular responsibility in Coˆte d’Ivoire; and 

(v) supplies of arms and related materiel and technical training and assistance intended solely for support of or use in the 

process of restructuring defense and security forces pursuant 

to paragraph 3, subparagraph (f) of the Linas-Marcoussis 

Agreement. 

Sec. 4. For those persons listed in or designated pursuant to this 

order who might have a constitutional presence in the United 

States, I find that because of the ability to transfer funds or other 

assets instantaneously, prior notice to such persons of measures to 

be taken pursuant to this order would render these measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in this order, 

there need be no prior notice of a listing or determination made 

pursuant to section 1 of this order. 

Sec. 5. The Secretary of the Treasury, after consultation with the 

Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ 

all powers granted to the President by the IEEPA and the UNPA, 

as may be necessary to carry out the purposes of this order. The 

Secretary of the Treasury may redelegate any of these functions to 

other officers and agencies of the United States Government, consistent with applicable law. All executive agencies of the United 

States Government are hereby directed to take all appropriate 

measures within their authority to carry out the provisions of this 

order and, where appropriate, to advise the Secretary of the Treasury in a timely manner of the measures taken. The Secretary of 

the Treasury shall ensure compliance with those provisions of section 401 of the NEA (50 U.S.C. 1641) applicable to the Department 

of the Treasury in relation to this order. 

Sec. 6. The Secretary of the Treasury, after consultation with the 

Secretary of State, is hereby authorized to submit the recurring 

and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 

U.S.C. 1641(c)) and section 204(c) of the IEEPA (50 U.S.C. 1703(c)). 

Sec. 7. The Secretary of the Treasury, after consultation with the 

Secretary of State, is hereby authorized to determine, subsequent 

to the issuance of this order, that circumstances no longer warrant 

the inclusion of a person in the Annex to this order and that the 

property and interests in property of that person are therefore no 

longer blocked pursuant to section 1 of this order. 

Sec. 8. This order is not intended to, and does not, create any 

right, benefit, or privilege, substantive or procedural, enforceable at 

law or in equity by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person. 

Sec. 9. This order is effective at 12:01 a.m. eastern standard time 

on February 8, 2006. 

GEORGE W. BUSH. 

THE WHITE HOUSE, February 7, 2006. 


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ANNEX

Individuals 

1. Euge`ne Ngoran Kouadio DJUE [Leader of Union for the Total 

Liberation of Coˆte d’Ivoire (Union pour la Liberation Totale de 

la Coˆte d’Ivoire, UPLTCI), born December 20, 1969] 

2. Martin Kouakou FOFIE [‘‘New Forces’’ (Forces Nouvelles) Zone 

Commander in Korhogo, born January 1, 1968] 

3. Charles BLE GOUDE [Head of ‘‘Young Patriots’’ (Congres 

Panafricain des Jeunes Patriotes, COJEP), born January 1, 

1972] 

Æ 


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